04/20/06 Board of Public Safety Minutes

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~d SPECIAL MEETING APRIL 20, 2006 4. The member has never lost a driver's license on any prior occasion while on the department; and 5. The member has not been suspended for more than one eight (8) huur day in the prior two (2) years for any reason, and has not received a disciplinary demotion or disciplinary suspension in excess of five (5) days within the previous five (5) years; and 6. The Chief shall notify the Board of Public Safety prior to the suspension of license if possible, and if that is not possible, by the next meeting. The Board may overrule the Chiefs decision. Dated this 20'x' day of April 2006. CITY OF SOUTH BEND BOARD OF PUBLIC SAFETY s/Jesusa Rodriguez ,President s/Donald Alford, Member s/Juanita Dempsey ,Member s/Patrick Cottrell, Member 1 AF I~ESI~: s~nngela K..lacob, Clerk FIRE DEPARTMENT CHARGE 06-01 -GALE EVANS ~.1.: .l~~rph Simeri, ~'lttorney for the Board of Safety, stated the signed Waiver and Consent as well as the Findings of Fact had been presented to Board members regarding l;harge U6-U 1. Mr. Simeri suggested that these documents be adopted and become part of the record. Mr. Alford made a motion to adopt the Waiver and Consent and the Findings of Fact, and Mr. Simeri reviewed the Charges for the Board. Mr. Simeri stated Mr. Evans was on administrative leave without pay from December 15, 2004 through February 28, 2006, and lost $53,696.81, not counting overtime, sick day buyback, uniform allowance and other benefits. After he had successfully completed the Cuurt's drug treatment program and pursuant to a plea agreement in the the case, the rhr~ree~ a~Tainst Evans were dismissed on February 27, 2006. The parties have agreed that Gale Evans shall waive any rights he may have to wages for the period of time during which he was on administrative leave pursuant to I.C. 36-8-3-4(n), that he will cooperate fully with any requests for drug screen tests made by the Fire Chief or his designee from this date until April 12, 2007, regardless of the reason the drug screen test is requested. The parties agree that because of the two instances which were the subject vi the criminal charges and this discipline, that any failure to pass a drug screen test shall he considered a third failure for purposes of paragraph J(3) of Article 26 of the Collective Bargaining Agreement and all future Collective Bargaining Agreements that may address punishments for failing a drug screen test. The Board finds that he shall be suspended without pay from the South Bend Fire Department for a period of sixty (60) calendar days. As Gale Evens has indicated a willingness to undergo an unlimited number of drug screen tests at times chosen by the Fire Chief for any reason in addition to those tests which he may be subject to under the Collective Bargaining Agreement, the imposition of the suspension shall be delayed until !.~ !'.u!; and drug screen test or is otherwise disciplined. If he is not otherwise disciplined and does not fail a test prior to April 12, 2007, the sixty (60) day suspension, but not the finding of misconduct, shall be waived. The Board reviewed this matter, and Ms. Dempsey seconded Mr. Alford's motion, which carried.